Treaty with The Dwamish, Suquamish, etc
January 22, 1855
Articles of agreement and convention made and concluded
at Múcklte-óh, or Point Elliott, in the Territory
of Washington, this twenty-second day of January, eighteen
hundred and fifty-five, by Isaac I. Stevens, governor and
superintendent of Indian affairs for the said Territory, on
the part of the United States, and the undersigned chiefs,
head-men and delegates of the Dwámish, Suquámish,
Sk-táhlmish, Sam-áhmish, Smalh-kamish, Skope-áhmish,
St-káh-mish, Snoquálmoo, Skai-wha-mish, N' Quentl-má-mish,
Sk-táh-le-jum, Stoluck-whá-mish, Sha-ho-mish,
Skágit, Kik-i-állus, Swin-á-mish, Squin-áh-mish,
Sah-ku-méhu, Noo-whá-ha, Nook-wa-cháh-mish,
Mee-sée-qua-quilch, Cho-bah-áh-bish, and other
allied and subordinate tribes and bands of Indians occupying
certain lands situated in said Territory of Washington, on
behalf of said tribes, and duly authorized by them.
Article 1.
The said tribes and bands of Indians hereby cede, relinquish,
and convey to the United States all their right, title, and
interest in and to the lands and country occupied by them,
bounded and described as follows: Commencing at a point on
the eastern side of Admiralty Inlet, known as Point Pully,
about midway between Commencement and Elliott Bays; thence
eastwardly, running along the north line of lands heretofore
ceded to the United States by the Nisqually, Puyallup, and
other Indians, to the summit of the Cascade range of mountains;
thence northwardly, following the summit of said range to
the 49th parallel of north latitude; thence west, along said
parallel to the middle of the Gulf of Georgia; thence through
the middle of said gulf and the main channel through the Canal
de Arro to the Straits of Fuca, and crossing the same through
the middle of Admiralty Inlet to Suquamish Head; thence southwesterly,
through the peninsula, and following the divide between Hood's
Canal and Admiralty Inlet to the portage known as Wilkes'
Portage; thence northeastwardly, and following the line of
lands heretofore ceded as aforesaid to Point Southworth, on
the western side of Admiralty Inlet, and thence around the
foot of Vashon's Island eastwardly and southeastwardly to
the place of begining, including all the islands comprised
within said boundaries, and all the right, title, and interest
of the said tribes and bands to any lands within the territory
of the United States.
Article 2.
There is, however, reserved for the present use and occupation
of the said tribes and bands the following tracts of land,
viz: the amount of two sections, or twelve hundred and eighty
acres, surrounding the small bight at the head of Port Madison,
called by the Indians Noo-sohk-um; the amount of two sections,
or twelve hundred and eighty acres, on the north side Hwhomish
Bay and the creek emptying into the same called Kwilt-seh-da,
the peninsula at the southeastern end of Perry's Island, called
Shális-quihl, and the island called Chah-choo-sen,
situated in the Lummi River at the point of separation of
the mouths emptying respectively into Bellingham Bay and the
Gulf of Georgia. All which tracts shall be set apart, and
so far as necessary surveyed and marked out for their exclusive
use; nor shall any white man be permitted to reside upon the
same without permission of the said tribes or bands, and of
the superintendent or agent, but, if necessary for the public
convenience, roads may be run through the said reserves, the
Indians being compensated for any damage thereby done them.
Article 3.
There is also reserved from out the lands hereby ceded the
amount of thirty-six sections, or one township of land, on
the northeastern shore of Port Gardner, and north of the mouth
of Snohomish River, including Tulalip Bay and the before-mentioned
Kwilt-seh-da Creek, for the purpose of establishing thereon
an agricultural and industrial school, as hereinafter mentioned
and agreed, and with a view of ultimately drawing thereto
and settling thereon all the Indians living west of the Cascade
Mountains in said Territory. Provided, however, That the President
may establish the central agency and general reservation at
such other point as he may deem for the benefit of the Indians.
Article 4.
The said tribes and bands agree to remove to and settle upon
the said first above-mentioned reservations within one year
after the ratification of this treaty, or sooner, if the means
are furnished them. In the mean time it shall be lawful for
them to reside upon any land not in the actual claim and occupation
of citizens of the United States, and upon any land claimed
or occupied, if with the permission of the owner.
Article 5.
The right of taking fish at usual and accustomed grounds
and stations is further secured to said Indians in common
with all citizens of the Territory, and of erecting temporary
houses for the purposes of curing, together with the privilege
of hunting and gathering roots and berries on open and unclaimed
lands. Provided, however, that they shall not take shell-fish
from any beds staked or cultivated by citizens.
Article 6.
In consideration of the above cession, the United States
agree to pay to the said tribes and bands the sum of one hundred
and fifty thousand dollars, in the following manner - that
is to say: For the first year after the ratification hereof,
fifteen thousand dollars; for the next two year, twelve thousand
dollars each year; for the next three years, ten thousand
dollars each year; for the next four years, seven thousand
five hundred dollars each years; for the next five years,
six thousand dollars each year; and for the last five years,
four thousand two hundred and fifty dollars each year. All
which said sums of money shall be applied to the use and benefit
of the said Indians, under the direction of the President
of the United States, who may, from time to time, determine
at his discretion upon what beneficial objects to expend the
same; and the superintendent of Indian affairs, or other proper
officer, shall each year inform the President of the wishes
of said Indians in respect thereto.
Article 7.
The President may hereafter, when in his opinion the interests
of the Territory shall require and the welfare of the said
Indians be promoted, remove them from either or all of the
special reservations hereinbefore made to the said general
reservation, or such other suitable place within said Territory
as he may deem fit, on remunerating them for their improvements
and the expenses of such removal, or may consolidate them
with other friendly tribes or bands; and he may further at
his discretion cause the whole or any portion of the lands
hereby reserved, or of such other land as may be selected
in lieu thereof, to be surveyed into lots, and assign the
same to such individuals or families as are willing to avail
themselves of the privilege, and will locate on the same as
a permanent home on the same terms and subject to the same
regulations as are provided in the sixth article of the treaty
with the Omahas, so far as the same may be applicable. Any
substantial improvements heretofore made by any Indian, and
which he shall be compelled to abandon in consequence of this
treaty, shall be valued under the direction of the President
and payment made accordingly therefor.
Article 8.
The annuities of the aforesaid tribes and bands shall not
be taken to pay the debts of individuals.
Article 9.
The said tribes and bands acknowledge their dependence on
the Government of the United States, and promise to be friendly
with all citizens thereof, and they pledge themselves to commit
no depredations on the property of such citizens. Should any
one or more of them violate this pledge, and the fact be satisfactorily
proven before the agent, the property taken shall be returned,
or in default thereof, of if injured or destroyed, compensation
may be made by the Government out of their annuities. Nor
will they make war on any other tribe except in self-defence,
but will submit all matters of difference between them and
the other Indians to the Government of the United States or
its agent for decision, and abide thereby. And if any of the
said Indians commit depredations on other Indians within the
Territory the same rule shall prevail as that prescribed in
this article in cases of depredations against citizens. And
the said tribes agree not to shelter or conceal offenders
against the laws of the United States, but to deliver them
up to the authorities for trial.
Article 10.
The above tribes and bands are desirous to exclude from their
reservations the use of ardent spirits, and to prevent their
people from drinking the same, and therefore it is provided
that any Indian belonging to said tribe who is guilty of bringing
liquor into said reservations, or who drinks liquor, may have
his or her proportion of the annuities withheld from him or
her for such time as the President may determine.
Article 11.
The said tribes and bands agree to free all slaves now held
by them and not to purchase or acquire others hereafter.
Article 12.
The said tribes and bands further agree not to trade at Vancouver's
Island or elsewhere out of the dominions of the United States,
nor shall foreign Indians be permitted to reside in their
reservations without consent of the superintendent or agent.
Article 13.
To enable the said Indians to remove to and settle upon their
aforesaid reservations, and to clear, fence, and break up
a sufficient quantity of land for cultivation, the United
States further agree to pay the sum of fifteen thousand dollars
to be laid out and expended under the direction of the President
and in such manner as he shall approve.
Article 14.
The United States further agree to establish at the general
agency for the district of Puget's Sound, within one year
from the ratification hereof, and to support for a period
of twenty years, an agricultural and industrial school, to
be free to children of the said tribes and bands in common
with those of the other tribes of said district, and to provide
the said school with a suitable instructor or instructors,
and also to provide a smithy and carpenter's shop, and furnish
them with the necessary tools, and employ a blacksmith, carpenter,
and farmer for the like term of twenty years to instruct the
Indians in their respective occupations. And the United States
finally agree to employ a physician to reside at the said
central agency, who shall furnish medicine and advice to their
sick, and shall vaccinate them; the expenses of said school,
shops, persons employed, and medical attendance to be defrayed
by the United States, and not deducted from the annuities.
Article 15.
This treaty shall be obligatory on the contracting parties
as soon as the same shall be ratified by the President and
Senate of the United States.
In testimony whereof, the said Isaac I. Stevens, governor
and superintendent of Indian affairs, and the undersigned
chiefs, headmen, and delegates of the aforesaid tribes and
bands of Indians, have hereunto set their hands and seals,
at the place and on the day and year herein-before written.
- Isaac I. Stevens, Governor and Superintendent. [L. S.]
- Seattle, Chief of the Dwamish and Suquamish tribes, his x mark. [L. S.]
- Pat-ka-nam, Chief of the Snoqualmoo, Snohomish and other tribes, his x mark. [L. S.]
- Chow-its-hoot, Chief of the Lummi and other tribes, his x mark. [L. S.]
- Goliah, Chief of the Skagits and other allied tribes, his x mark. [L. S.]
- Kwallattum, or General Pierce, Sub-chief of the Skagit tribe, his x mark. [L. S.]
- S'hootst-hoot, Sub-chief of Snohomish, his x mark. [L. S.]
- Snah-talc, or Bonaparte, Sub-chief of Snohomish, his x mark. [L. S.]
- Squush-um, or The Smoke, Sub-chief of the Snoqualmoo, his x mark. [L. S.]
- See-alla-pa-han, or The Priest, Sub-chief of Sk-tah-le-jum, his x mark. [L. S.]
- He-uch-ka-nam, or George Bonaparte, Sub-chief of Snohomish, his x mark. [L. S.]
- Tse-nah-talc, or Joseph Bonaparte, Sub-chief of Snohomish, his x mark. [L. S.]
- Ns'ski-oos, or Jackson, Sub-chief of Snohomish, his x mark. [L. S.]
- Wats-ka-lah-tchie, or John Hobtsthoot, Sub-chief of Snohomish, his x mark. [L. S.]
- Smeh-mai-hu, Sub-chief of Skaiwha-mish, his x mark. [L. S.]
- Slat-eah-ka-nam, Sub-chief of Snoqualmoo, his x mark. [L. S.]
- St'hau-ai, Sub-chief of Snoqualmoo, his x mark. [L. S.]
- Lugs-ken, Sub-chief of Skai-wha-mish, his x mark. [L. S.]
- S'heht-soolt, or Peter, Sub-chief of Snohomish, his x mark. [L. S.]
- Do-queh-oo-satl, Snoqualmoo tribe, his x mark. [L. S.]
- John Kanam, Snoqualmoo sub-chief, his x mark. [L. S.]
- Klemsh-ka-nam, Snoqualmoo, his x mark. [L. S.]
- Ts'huahntl, Dwa-mish sub-chief, his x mark. [L. S.]
- Kwuss-ka-nam, or George Snatelum, Sen., Skagit tribe, his x mark. [L. S.]
- Hel-mits, or George Snatelum, Skagit sub-chief, his x mark. [L. S.]
- S'kwai-kwi, Skagit tribe, sub-chief, his x mark. [L. S.]
- Seh-lek-qu, Sub-chief Lummi tribe, his x mark. [L. S.]
- S'h'-cheh-oos, or General Washington, Sub-chief of Lummi tribe, his x mark. [L. S.]
- Whai-lan-hu, or Davy Crockett, Sub-chief of Lummi tribe, his x mark. [L. S.]
- She-ah-delt-hu, Sub-chief of Lummi tribe, his x mark. [L. S.]
- Kwult-seh, Sub-chief of Lummi tribe, his x mark. [L. S.]
- Kwull-et-hu, Lummi tribe, his x mark. [L. S.]
- Kleh-kent-soot, Skagit tribe, his x mark. [L. S.]
- Sohn-heh-ovs, Skagit tribe, his x mark. [L. S.]
- S'deh-ap-kan, or General Warren, Skagit tribe, his x mark. [L. S.]
- Chul-whil-tan, Sub-chief of Suquamish tribe, his x mark. [L. S.]
- Ske-eh-tum, Skagit tribe, his x mark. [L. S.]
- Patchkanam, or Dome, Skagit tribe, his x mark. [L. S.]
- Sats-Kanam, Squin-ah-nush tribe, his x mark. [L. S.]
- Sd-zo-mahtl, Kik-ial-lus band, his x mark. [L. S.]
- Dahtl-de-min, Sub-chief of Sah-ku-meh-hu, his x mark. [L. S.]
- Sd'zek-du-num, Me-sek-wi-guilse sub-chief, his x mark. [L. S.]
- Now-a-chais, Sub-chief of Dwamish, his x mark. [L. S.]
- Mis-lo-tche, or Wah-hehl-tchoo, Sub-chief of Suquamish, his x mark. [L. S.]
- Sloo-noksh-tan, or Jim, Suquamish tribe, his x mark. [L. S.]
- Moo-whah-lad-hu, or Jack, Suquamish tribe, his x mark. [L. S.]
- Too-leh-plan, Suquamish tribe, his x mark. [L. S.]
- Ha-seh-doo-an, or Keo-kuck, Dwamish tribe, his x mark. [L. S.]
- Hoovilt-meh-tum, Sub-chief of Suquamish, his x mark. [L. S.]
- We-ai-pah, Skaiwhamish tribe, his x mark. [L. S.]
- S'ah-an-hu, or Hallam, Snohomish tribe, his x mark. [L. S.]
- She-hope, or General Pierce, Skagit tribe, his x mark. [L. S.]
- Hwn-lah-lakq, or Thomas Jefferson, Lummi tribe, his x mark. [L. S.]
- Cht-simpt, Lummi tribe, his x mark. [L. S.]
- Tse-sum-ten, Lummi tribe, his x mark. [L. S.]
- Klt-hahl-ten, Lummi tribe, his x mark. [L. S.]
- Kut-ta-kanam, or John, Lummi tribe, his x mark. [L. S.]
- Ch-lah-ben, Noo-qua-cha-mish band, his x mark. [L. S.]
- Noo-heh-oos, Snoqualmoo tribe, his x mark. [L. S.]
- Hweh-uk, Snoqualmoo tribe, his x mark. [L. S.]
- Peh-nus, Skai-whamish tribe, his x mark. [L. S.]
- Yim-ka-dam, Snoqualmoo tribe, his x mark. [L. S.]
- Twooi-as-kut, Skaiwhamish tribe, his x mark. [L. S.]
- Luch-al-kanam, Snoqualmoo tribe, his x mark. [L. S.]
- S'hoot-kanam, Snoqualmoo tribe, his x mark. [L. S.]
- Sme-a-kanam, Snoqualmoo tribe, his x mark. [L. S.]
- Sad-zis-keh, Snoqualmoo, his x mark. [L. S.]
- Heh-mahl, Skaiwhamish band, his x mark. [L. S.]
- Charley, Skagit tribe, his x mark. [L. S.]
- Sampson, Skagit tribe, his x mark. [L. S.]
- John Taylor, Snohomish tribe, his x mark. [L. S.]
- Hatch-kwentum, Skagit tribe, his x mark. [L. S.]
- Yo-i-kum, Skagit tribe, his x mark. [L. S.]
- T'kwa-ma-han, Skagit tribe, his x mark. [L. S.]
- Sto-dum-kan, Swinamish band, his x mark. [L. S.]
- Be-lole, Swinamish band, his x mark. [L. S.]
- D'zo-lole-gwam-hu, Skagit tribe, his x mark. [L. S.]
- Steh-shail, William, Skaiwhamish band, his x mark. [L. S.]
- Kel-kahl-tsoot, Swinamish tribe, his x mark. [L. S.]
- Pat-sen, Skagit tribe, his x mark. [L. S.]
- Pat-teh-us, Noo-wha-ah sub-chief, his x mark. [L. S.]
- S'hoolk-ka-nam, Lummi sub-chief, his x mark. [L. S.]
- Ch-lok-suts, Lummi sub-chief, his x mark. [L. S.]
Executed in the presence of us -
- M. T. Simmons, Indian agent.
- C. H. Mason, Secretary of Washington Territory.
- Benj. F. Shaw, Interpreter.
- Chas. M. Hitchcock.
- H. A. Goldsborough.
- George Gibbs.
- John H. Scranton.
- Henry D. Cock.
- S. S. Ford, jr.
- Orrington Cushman.
- Ellis Barnes.
- R. S. Bailey.
- S. M. Collins.
- Lafayetee Balch.
- E. S. Fowler.
- J. H. Hall.
- Rob't Davis.
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